STEPHENS v. CORRECTIONAL SERVICES CORP.

Civil Action No. 1:05-CV-854.

428 F.Supp.2d 580 (2006)

Douglas Ray STEPHENS, Plaintiff, v. CORRECTIONAL SERVICES CORP., Defendant.

United States District Court, E.D. Texas, Beaumont Division.

April 13, 2006.


Attorney(s) appearing for the Case

Kenneth W. Lewis, Bush Lewis, PLLC, Beaumont, TX, for Plaintiff.

Harvey G. Brown, Jr., Chad Michael Forbes, Wright Brown & Close LLP, Houston, TX, for Defendant.


ORDER DENYING DEFENDANT'S MOTION TO DISMISS

CLARK, District Judge.

Defendant, a private jail corporation, asserts it has sovereign immunity, and seeks dismissal of a pre-trial detainee's negligence claim. Defendant also contends Plaintiff failed to plead a viable cause of action under 42 U.S.C. § 1983. The Texas Legislature has not extended sovereign immunity to private corporations which maintain jails. Defendant was acting under color of state...

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